Sihler et al v. The Fulfillment Lab, Inc et al
Filing
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ORDER Granting Motion To Lift Stay [ECF No. 99 ]. Signed by Judge Linda Lopez on 1/10/2022. (ddf)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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JANET SIHLER, individually and on
behalf of all others similarly situated;
CHARLENE BAVENCOFF, individually
and on behalf of all others similarly
situated,
Case No.: 20cv1528-LL-MSB
ORDER GRANTING MOTION TO
LIFT STAY
Plaintiffs,
v.
[ECF No. 99]
THE FULFILLMENT LAB, INC.;
RICHARD NELSON;
BEYOND GLOBAL, INC.,
Defendants.
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On November 1, 2021, the Court issued an order granting the parties’ joint motion
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to stay this matter pending relief or clarification of the scope of the automatic stay imposed
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by the bankruptcy court when Defendant Beyond Global, Inc. filed for Chapter 7
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bankruptcy. ECF No. 98. On January 4, 2022, this case was transferred to the undersigned.
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ECF No. 107.
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Currently before the Court is Plaintiffs’ Notice of Termination of Bankruptcy Stay
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and Motion to Lift Stay. ECF No. 99. Plaintiffs state that the bankruptcy of Defendant
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Beyond Global, Inc. was closed on November 24, 2021, the automatic bankruptcy stay has
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20cv1528-LL-MSB
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been terminated, and there is no longer a barrier to discovery proceeding in this action. Id.
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at 2. Plaintiffs attached a copy of the docket for the bankruptcy case indicating that the case
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has closed. ECF No. 99-1 at 4. On December 16, 2021, Defendant Beyond Global, Inc.
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filed a notice that on November 24, 2021, the docket in the bankruptcy case indicated
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“[t]he trustee has filed a Final Account and has certified that the estate, if any has been
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fully administered.” ECF No. 104. at 1–2. Because the bankruptcy case has closed, the
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Court finds it appropriate to GRANT Plaintiffs’ Motion to Lift the Stay and ORDERS the
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following:
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1.
The parties shall contact the magistrate judge within three days of the issuing
of this Order to address discovery deadlines.
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In resetting any discovery deadlines, the magistrate judge shall vacate the
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current scheduling order and set pretrial deadlines up to and including the deadline to file
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the motion for class certification.
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3.
The January 18, 2022 motion hearing for the Motion to Vacate Stay shall be
VACATED.
IT IS SO ORDERED.
Dated: January 10, 2022
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20cv1528-LL-MSB
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